Closures to the highway
Permanent highway closures
Highway Closures under Section 116 of the Highways Act 1980
These are closures that are carried out when the highway is deemed to be 'unnecessary'. The closure process is undertaken by Highway Services and fees are payable for costs incurred by written consultation, legal fees and advertising in the Manchester Evening News and posting of legal notices locally.
The authority to close the highways rests with the Magistrates Court.
Applications are made to the Magistrates Court by the City Solicitor following a legal 28 day objection period. If objections are received which cannot be resolved and if the applicant wishes to proceed, a 'contested hearing' will need to be applied for in the Magistrates Court. If objections are not received then the closure process usually takes 3 to 5 months to complete.
Highway Closures under Section 247 of the Town and Country Planning Act 1990.
The authority to stop up these highways rests with the Secretary of State.
These are closures that are carried out when a highway falls within the red line boundary (shown on the plan) of a planning application.
Only when planning permission has been granted can the application for the highways to be stopped up be made to Government Office for the North East.(website http://www2.dft.gov.uk/pgr/regional/casework/). Application forms can be downloaded. The developer can apply to Government Office or Highways Services can provide this service where fees will be charged.
Government Office undertake the legal closure process which includes a '28 day objection period' If no objections are received the closure process then moves to a 'High Court Challenge period' which is six weeks in duration. If legal challenges are not received then the highways are legally stopped up at the end of this period.
It is important to note that if objections are not received then the closure process usually takes 5 to 6 months to complete.
If objections are received and can not be resolved then either written representation may be required for a decision by the Secretary of State, or a Public Enquiry will be set up and following the enquiry the inspectors decision will be made public some time thereafter.
Highway Closures / Diversions under Section 257 of the Town and Country Planning Act 1990.
These are closures and diversions of footpaths where a development has received planning permission. The closure process is undertaken by Highway Services and fees are payable for costs incurred by consultation, legal fees and advertising.
If no objections are received after the legal advertising period then the Legal Order for the closure will be made by the City Solicitor.
If objections are received which cannot be resolved and if the applicant wishes to proceed, an application to Government Office will be made which could possibly result in a Public Enquiry being set up.
